Abdulra’uf down the roof as court orders INEC to withdraw APC’s reps certificate of return, declare PDP candidate winner in Adamawa – Fombina Times
* Pronouncement of Judgement is inconsequential because the case was not filed within 14 days after the election – Counsel to the respondent
A Federal high court sitting in Yola Wednesday, ruled that the ruling All Progressives Congress did not field a candidate for Yola-north, Yola-south and Girei federal constituency.
Delivering the judgement, justice Abdulaziz Anka directed the Independent National Electoral Commission to withdraw the certificate of return given to APC candidate Abdulra’uf Modibbo and issue same to the runner-up of the polls Jafar Ribadu the PDP candidate.
Commenting, counsel to the plaintiff, Barrister Yahaya Dangana, said he represented the plaintiff in four consolidated cases in the case of Lawal Abubakar, Saad and host of others.
He said consequent upon the conduct of the primaries on the 7th of October 2018, by APC, the primary was adjudged to be inconclusive coupled with what transpired and a petition was written to the appeal committee of the APC that the primary be visited since it was agreed to be inconclusive.
“Instead of looking into it, the APC appeal committee went ahead and sat with the NWC and forwarded the name of one Abdurrauf as the candidate of the party.
“Since there was a petition that was not addressed, we run to the court to say that the primaries which were inconclusive couldn’t produce a candidate, citing the case of APC Vs Kari in Kano where supreme court agreed that inconclusive primary could not produce a candidate for any party.
“The effect of the judgement as the court directed, is that if at all any certificate of return has been issued to the candidate of the APC that won the election, same should be withdrawn by INEC and reissued to the candidate of the PDP being the runner-up in the general election,” he said.
Also commenting, counsel to the respondent, Barr. Samuel Atung said his client was successful since all the cases were dismissed adding that on that premise, they would not appeal the judgment.
“But there are certain aspects that we may cross the appeal that is depending on when the plaintiffs themselves file an appeal, otherwise, the judgement favoured Abdurrauf.
“There were preliminary objections we filed which the court upheld to the effect that there was alteration to the constitution by the national assembly, which stated that any aggrieved party who intends to go to court pursuant to section 87 of the electoral act must do same within 14 days.
“Unfortunately, they did not do that. So we filed a preliminary objection, which the court upheld and dismiss the suit.
The pronouncement you heard relating to the merit of the matter is inconsequential until that is set aside. It is a victory for Abdurrauf,” he said.